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Home My WebLink AboutContract 62727Date and Time Received: 02/07/2025 City Secretary No.: _6_2_7_2_7 __ SEWER LINE ABANDONMENT AGREEMENT TIDS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a Texas home rule municipal corporation ("City"), acting by and through its duly authorized Assistant City Manager, and Texas Wesleyan University ("Developer"), acting by and through its duly authorized representative. RECITALS WHEREAS, Developer is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, located at 3001 Avenue D, Fort Worth, TX ("Property") more particularly described in the attached Legal Description of the Property, attached to this Agreement as Exhibit "A"; and WHEREAS, the City owns and maintains a public sewer facility known as L-1167 ("Public Line") a portion of which is within the Property as shown on the diagram attached to this Agreement as Exhibit "B" and incorporated herein for all purposes; and WHEREAS, to facilitate Developer's use of the Property, Developer has requested that City allow Developer to convert and privatize the length of the Public Line from the designated location shown on Exhibit "B" into a privately owned and maintained line ("the Sewer Line"); and WHEREAS, the City, by Ordinance No. 17004-06-2006, has vacated and extinguished the surface rights to the eastern half of the alley right-of-way within which the Public Line is located; and by Ordinance No. 26760-03-2024, has vacated and extinguished the surface rights to western half of the alley right-of-way within which the Public Line is located; and WHEREAS, to avoid the appearance of, or an actual, gift of public funds through this privatization of a city facility, Developer agrees to pay City the depreciated value of the Public Line in the amount of $7,762.82 ("Depreciated Value") as shown on the table attached to this Agreement as Exhibit "C" and incorporated herein for all purposes; and WHEREAS, once privatized, Developer shall have exclusive control over the Sewer Line and agrees to install a manhole at the Property line as shown in Exhibit "B", at its expense, to demarcate and facilitate the privatization point; and WHEREAS, Developer has met the requirements for the privatization of the Public Line as adopted in the City's policies and procedures; and WHEREAS, the City agrees to allow the privatization as set forth in this Agreement to accommodate the needs of the Developer. NOW, THEREFORE, in consideration of the covenants and agreements hereinabove described and hereinafter professed, City and Developer agree as follows: Texas Wesleyan Fieldhouse Sewer Line Abandonment Agreement Page 1 of 9 Rev. 9/2024 AGREEMENT 1. Concurrent with Developer's payment of the Depreciated Value, City hereby surrenders the Public Line from the point designated on Exhibit �B" but only to the e�tent shown thereon. Developer agrees to install a manhole, at its expense, to demarcate and facilitate the privatization point. 2. Developer hereby accepts the Sewer Line "as-is" and warrants that Developer has performed its due diligence to understand the condition of the Sewer Line without relying on any representation by the City. Developer agrees to be wholly responsible for maintaining the Line. Deveioper shall not expand or otherwise cause any infringement on the City's public infrastructure. � All construction, maintenance and operation of the Sewer Line shall be performed in strict compliance with this Agreement and the City's Charter, Policies, Ordinances and Codes. 4. Developer agrees to pay to City concurrent with its execution and delivery of this Agreement to City, the depreciated value of the Public Line as established above. 5. DEVELOPER COVENANTS A►ND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FQR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND UR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE SEWER LINE AND USES GRANTED HEREUNDER,WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, GRANTEES OR OFFICIALS, OR 1NVITEES OF THE CITY; AND DEVELOPER HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCA CLAIlVIS OR SUITS. DEVELOPER SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY C�'I'Y FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARiSING OUT OF OR IN CONNECTION WITH THE SEWER LINE. NOTHING IN THIS PROVISION CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR UNDER THIS AGREEMENT. Page 2 of 9 Texas Wesleyan Fieldhause Sewer Line Abandonment Agreement Rev. 9/2024 This Section 6 only applies to any claims, suits, liabilities, or other actions rela#ing to events occurring after the execution of this Agreemeut. Developer will not otherwise be responsible for any claims, suits, liabilities, or other actions pertaining to the City's ownership or maintenance of the Sewer Line. b. Developer agrees to comply fully with all applicable federal, state and local laws, sta.tutes, ordinances, codes or regu.lations in connection with the consiruction, operatian and maintenance of the Line. hl� Developer covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City, and Developer shall have exclusive control of and the exclusive right to control the details of its operations, and all persons perfomZing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, grantees and invitees. The doctrine of �•esporzdeat supes•ior shall not apply as between City and Developer, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Ciiy and Developer. 8. Developer agrees and acknowledges that this Agreement is solely for the purpose of granting to Developer ownership and full responsibility of the maintenauce of the Sewer Line and is not a conveyance of any right, title or interest in or to the City's public infrastruciure not herein identified as part of the Sewer Line nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Developer agrees that it will obtain all necessary perrnissions before occupying such property. � Developer covenants and agrees that it will not assi� all or any of its rights, privileges or duties under this Agreement without the written approval of City, and any attempted assignment without such written approval shall be void. In the event Developer conveys the Property, Developer znay assign all of its rights and obligations under this Agreement to the new owner of the Property, and Developer shall be deemed released from its duties and obligations her�under upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Developer or assignment to a secured lender by Developer in the event of default or otherwise shall nat require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes ail of Developers' rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Developer shall be effective as to City unless and until written notice of such foreclosure or assignment is pravided to City. Page 3 of 9 Texas Wesleyan Fieldhouse Sewer Line Abandonment A�eement Rev. 9/2024 14. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. In an}� action brought under or to enforce any part of this Agreememt, the prevailing party sha11 be entitled to recover interest and reasonable attorney's fees. 11. This Agreement shall be binding upon the parties hereto, their successors and ass a�ms. [Si�natures Follow:] Page 4 of 9 Texas Wesleyan Fieldhouse Sewer Line Abandonrnent Agreement Rev. 9/2024 THIS AGREEMENT shall be effective on the date signed by the City's Designated Assistant City Manager. City of Fort Worth By: oa�=��t.#cST) Dana Burghdoff Assistant City Manager Date: -------Recommended Chrisf-ooher Harder By: Christopher Hardlr(Feb 3, 2025 09:13 csnChris Harder, P.E. Water Department Director Approved As To Form and Legality By: Douglas Black (Jan 31, 202517:32 CST) Douglas W Black Sr. Assistant City Attorney ATTEST: �"""=----J:,. �By:.....;Cl=-----------Jannette S. Goodall City Secretary Contract Compliance Manager: Developer: Texas Wesleyan University�:Jt;1� Title: f ,t�\ �Date: \' � ,1.-01.'5" By signing I acknowledge that I am the person Responsible for the monitoring and Administration Of this contract, including ensuring all performance and reporting requirements. By: SubJ-J/ � It�·-. Suby Varughese, P .E. Engineering Manager Texas Wesleyan Fieldhouse Sewer Line Abandonment Agreement Page 5 of9 Rev. 9/2024 STATE OF TEXAS COUNTY OF TARRANT § § ��io2s-This instrument was acknowledged before me on ,,__J ,-z624, by Dana Burghdoff, the Assistant City Manager of the City of Fort W� e rule municipal corporation, on behalf of said home rule municipal corporation. ,,,-;;,V'ti,,, JENNIFER LOUISE EZERNACK � .... -···-�--;.. f f(*··:'f:� Notary Public, State of Texas ��---.-'_._�f Comm. Expires 03--04-2028 ... ,,.;?1:····«,•,.::-1,,,�,,,,, Notary ID 130561630 STATE OF TEXAS COUNTY OF TARRANT § § y comm1ss10n expires: 3 r 4-2.. Cf) �e This instrument was acknowledged before me on a¥, 20¥, by r r� � s��. �·d,,,dJ: of Texas Wesleyan University,onblf of said limitedliabity company and limited partnerships. No My commission expires: ----'--7f-------'-''---'�-----�-After Recording Return to: City of Fort Worth-Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 Texas Wesleyan Fieldhouse Sewer Line Abandonment Agreement Page 6 of9 Rev. 9/2024 E��iIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 1R1, Block 10, Polytechnic Heights Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded as Instrument D224101007, Plat Records of Tarrant County, Texas. Page 7 of 9 Texas Wesleyan Fieldhause Sewer Line Abandonment Agreement Rev. 9/2024 EX�IT "B" Map of Sewer Line z � ,a — � E � U W Q 1332i1S N�+/.31S31':� �m-- t :� � ` �`�� r ....� . `�_. �� _ � � r N � N � �., r � .. N � � �� - 1 ��,o� � �� L 0 � O � � � 0 � � �`:._ � : �i � � -- ..:. � . ay � � � � �f� � � v�� ,9 o m �'_ , � -� ,�` Q. o�� . - �s � � � ... a". , "; �' a Q �� m :� � o � � � � � c� �-- � � �� u 0 a N o� � 1 W � �� 3 � � � � � � d� � VAI, � W � �� y 'x � � W � � w � Q .; . :.L„�t . � .. � �"4. F - . _ , . 1 J .w ..... ;� .. i. . -_ ° . r. { _ . � � Y ..� 1 J '�,i„'. ,�, ,_ � > _. .A:�=::.-- _ . . i _. �S 1332l1S.l31NN19�'�` �` w`"'�'�d��--` a , _ I ,'�� J b c5 � I �. Texas Wesleyan Fieldhouse Sewer Line Abandonment Agreement r L � � QJ O � f1. y C � u,�a � ��v vc�� c, cn v� °1w , ?, J'� �� al � � r`� Page 8 of 9 Rev. 9/2024 EXHIBIT "C" Depreciated Value of Sewer Line Sewer Line and Manhole: Sewer Main Number and Manhole: L-1167R Plans File Number: X-01167 Rehab Project # 58-017011, replaced to 8" PVC 1991 GIS # 91753 Install Date: January 1991 Net Book Value as of August 9, 2024: $7,762.$2 Page 9 of 9 Texas Wesleyan Fieldhouse Sewer Line Abandonment Agreement Rev. 9/2024